COURT ON ITS OWN MOTION Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Public Interest Litigation(PIL) was initiated suo motu by the High Court. While perusing the data of pending sessions trial of undertrial prisoners, a case of one Sri Subash Debnath was noticed while the trial was pending since more than 5 years. Upon further enquiry, it was revealed that the accused concerned was found to be suffering from mental disturbance on account of which his trial was suspended. The Court was prima facie of the belief that the trial cannot prolong indefinitely while the accused was in jail.

(2.) The learned Sessions Court should have followed the procedure laid down in Sections 329 and 330 of Criminal Procedure Code. Suitable observations were made in the order dated 2nd December, 2019 while issuing notice. On 17th December, 2019 further directions were issued.

(3.) Today, learned Public Prosecutor placed on record a report of the Medical Officer, Kendriya Sansodhanagar Hospital, Tripura dated 21st December, 2019 and an order dated 10th January, 2020 passed by the learned Additional Sessions Judge, Dhalai Judicial District. He submitted that the accused no longer suffers from mental disability preventing conduct of the trial. He submitted that the case being old one, effort would be made to complete the trial at the earliest.